High Court of Punjab and HaryanaTA/746/2021allowed

Rajbala v. Sansar Singh

2021-09-13Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-746-2021 (O&M) Date of decision: 13.09.2021 RAJBALA ..Petitioner

Versus

SANSAR SINGH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Devender S. Punia, Advocate for the petitioner. Mr. Pawan Attri, Advocate for the respondent. *** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. On 23.08.2021, the following order was passed:- "This petition has been filed by the wife seeking the transfer of the petition filed under Section 13 of the Hindu Marriage Act, 1955, bearing No. HMA/290/2021, titled as 'Sansar Singh vs. Rajbala' pending in the Court of Principal Judge, Family Court, Kurukshetra to the Court of competent jurisdiction at Hansi (Camp Court), District Hisar. The petitioner claims that she got married to the respondent on 13.12.1998.

Learned counsel representing the petitioner contends that the respondent-husband is a police official and he is already defending trial in two cases in District Court, Camp Court, Hansi i.e. petition under Section 125 Cr.P.C and 128 Cr.P.C.

Notice of motion for 13.09.2021.

The liberty is granted to the petitioner to serve the respondent through his counsel in the District Court, Kuruskhetra.

Dasti also."

Sh. Pawan Attri, Advocate, enters appearance for the respondent and states that let the matter be referred to the Mediation and Conciliation Center. He further states that the respondent is a police official and has been ASHOK KUMAR 2021.09.15 15:56 I attest to the accuracy and integrity of this document

TA-746-2021 (O&M) given a sensitive post which requires him to be present within the city. As far as settlement is concerned, this Bench has no doubt that the efforts will be made in the District Court. It is clear that the respondent (husband) is already defending two litigations at Hisar. The petitioner is already maintaining three children born out of wedlock.

Keeping in view the aforesaid facts, the petition is allowed. The proceedings of HMA-290/2021 (Sansar Singh vs. Rajbala) pending in the Court of Principal Judge, Family Court, Kurukshetra, are ordered to be transferred to the Court of Principal Judge, Family Court at Hansi (Camp Court), District Hisar. The transferor Court is requested to remit the case file to the transferee Court forthwith. The parties are directed to appear before the Principal Judge, Family Court at Hansi (Camp Court), District Hisar, on 04.10.2021.

All the pending miscellaneous application(s), if any, are also disposed of.

13.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.09.15 15:56 I attest to the accuracy and integrity of this document